Common Offenses Under Criminal Defense Law

There are many types of traffic offenses, and all of them have consequences; but there are some that are serious enough to be addressed under criminal defense law. It is important for someone charged with a criminal driving offense to realize the seriousness of that charge and provide an effective defense. Otherwise, they may face lifelong consequences of criminal prosecution and conviction that may be costly.

Types of Traffic Crimes

There are generally three types of traffic offenses with which a driver can be charged:

• Infractions, which are minor offenses and generally carry only fines, but no jail time

• Misdemeanors, which are more serious offenses and may carry fines as well as jail terms of up to one year

• Felonies, which are the most serious offenses, often termed “gross” or “aggravated” offenses, and carry heavy fines and longer jail terms

These classifications vary by state, and some offenses can even be considered “wobblers,” or crimes that may be misdemeanors or felonies, depending on the circumstances. Infractions include most non-moving violations, such as parking tickets, seat belt violations, and defective equipment. Some speeding violations that are only slightly over the speed limit may also be considered infractions.

Misdemeanors

Misdemeanors are those traffic violations that are more serious, yet not generally immediately the cause of injuries or death. Misdemeanors are still considered crimes, but they do not carry the same penalties of life-long consequences that felonies do. Some of the most common types of misdemeanors can include the following:

• Driving without a valid driver’s license

• Driving without insurance

• Moving violations that occur at slightly higher speeds

• Reckless driving

• Failing to stop at the scene of an accident

• Driving under the influence of alcohol or drugs

The penalties for these violations vary by state, as well, but they often include being arrested and booked at the police station. Defendants may be required to post bail to obtain their freedom until their trail. If found guilty, they may be required to pay a more significant fine or serve a jail sentence of up to a year.

Felonies

Felonies are the most serious traffic violations, and they can carry life-long consequences. They are generally defined as those crimes that are punishable by one year or more in jail or even the death penalty. Some common types of traffic felonies include:

• Repeat DUI convictions

• Hit and run violations

• Vehicular homicide

• Aggravated vehicular assault

The long-term penalties for felonies can mean they are:

• Prohibited from serving on juries

• Prohibited from practicing some professions, such as law or teaching

• Prohibited from voting

• Prohibited from owning guns

• Prohibited from serving in the military

• Eligibility for the “three strike” rules, which would result in life in prison for three felony convictions

Getting Legal Help with Criminal Traffic Violations

Just because someone has been charged with a criminal traffic violation does not mean they are guilty. They have the right to mount a defense, and often can achieve at least a reduced sentence if it is their first offense. However, such a defense may be difficult without a skilled traffic ticket attorney who can assess their case and represent them in court.